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Change in Zoning Conditions
Silver Springs II (FKA Garden Gate)
LL802, 803, 826 & 827
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Background:
This is a City initiated request to modify zoning stipulations relating to HOA covenants. The purpose is to ensure that there are no obligations for the City to enforce HOA covenants as a condition of zoning in the stipulations. The table provided is a breakdown of recent actions relating to the Silver Spring /Garden Gate Subdivision.
Stipulations are as following:
1. As used herein, the term “Property” means and include that certain 4.97 acre site shown as Tract 1 on the Applicant’s site plan. Dated 8-15-2013 and attached hereto. To the extent that different or additional conditions to said site are contained in the following conditions, said different or additional conditions shall control. Additionally, upon review and approved by the city zoning department, said plan may be modified to allow a smaller number of lots. The 0.90 acre site shown as Tract 2 on said site plan shall remain zoned NRC and subject to all existing zoning conditions not inconsistent with the conditions contained herein.
2. Each home constructed on the property shall provide a two car rear loaded garage; there shall be a no front entry garages.
3. The property shall be rezoned to the MDR zoning district classification, and each lot shall contain a minimum of 4,725 square feet.
4. Each lot on the property shall have a minimum frontage of 35 feet.
5. Each home on the property shall have a minimum 2,000 square feet of heated and cooled living space.
6. The applicant or owner shall seek and obtain design review, lighting plan approval, and preliminary plat approval for the proposed homes within 90 days of approval of this application by the Mayor and City Council.
REMOVED BY PZ 14-016 ON JUNE 2, 2014
7. The applicant or owner shall apply for a secure a building permit for at least one residential structure on the property by June 16, 2014. In the event no such building permit is obtained, the zoning classification of the entire Property shall, without further action from the city, revert to the NRC zoning district classification consistent with the original site plan approval.
8. The applicant or owner shall comply with all requirements of (including alley width and gating) and receive approval from, the Cobb County Fire Marshal’s office prior to preliminary plat approval.
9. Prior to the sale of any lot. The applicant or owner shall record restrictive covenants which shall include a mandatory homeowner’s association (“HOA”) responsible for the ownership, upkeep and maintenance of all common areas, including the amenity, entrance and retention or detention pond areas, which areas shall be defined by the covenants and delineated on the final plat. To the extent this responsibility requires access easements to the common areas, such access easements shall be delineated on the final plat. The applicant, owner and any subsequent developer or builder agrees to strictly enforce the provisions of the covenants until responsibility for the maintenance of the common areas, is transferred from the applicant or owner to the HOA. The covenants shall be substantially similar to the attached covenants, with modifications as approved by the City Attorney. If Silver Springs Village homeowner’s association votes to allow the lot owners in the development proposed to be constructed on the Property to join the Silver Springs Village HOA, the requirements for a separate amenity area and separate covenants may be removed through a change in zoning stipulations.
SUBJECT OF THIS APPLICATION
10. All property owners shall become and remain members of the HOA and shall abide by all covenants applicable to the Property.
11. The homes shall have a side yard setback of 0 feet and a minimum of 10 feet shall be maintained between the homes.
12. There shall be a continuous sidewalk along the front of the homes within the development, but no sidewalk connection to lot 82 of the Courtyards of Silver Springs. The sidewalk on Flowering Branch shall tie into the existing sidewalk for Silver Springs Village development, and shall be maintained by the Garden Gate HOA established for the governance of the Property.
13. All previous zoning stipulations applicable to the Property not in conflict herewith shall remain in full force and effect.
14. NO STIPULATION 14, TYPO IN ORIGINAL DOCUMENT
15. Except as varied herein, the applicant and the owner shall comply with all requirements of the Unified Development Code.
16. The height of the homes to be constructed upon the Property shall be transitioned from the existing one story homes in Silver Springs Village to the one-half story to two story homes proposed by the applicant as shown in the attached renderings.
17. No lot on the property shall have a front setback that exceeds 20 feet.
MODIFIED BY PZ 15-015 ON SEPTEMBER 21, 2015
18. The applicant or owner shall include an amenity package in the area (s) designated as such on the site plan dated 8-15-2013. The amenity package shall include those features displayed in the photographs submitted by the applicant (gazebo, fire pit, swing and fountain) and attached hereto and shall be a part of the common area maintained by the HOA. The site plan shall also include the specification of required open space under Section 4-15 of the UDC, as well as certification of the amount of the open space provided pursuant to the site plan. Additional said site plan shall delineate the location of each 400 square foot private Yard or patio per the requirements of Section 4-12 of the UDC.
19. In addition to any annual dues, at the time of closing for each lot, the purchaser of the lot shall pay to the HOA an initiation fee in an amount that is the greater of $1000 or the amount set forth in the covenants of the HOA.
20. No action by the City on the application obligates the city to acquire any offsite easements for the property.
SUBJECT OF THIS APPLICATION
21. All residential and nonresidential plans, exterior materials and building colors are subject to design review approval and shall be consistent with and complementary to the existing residential and nonresidential development of the adjoining Silver Springs Village development. The models and elevations shall be complementary to the existing development and subject to design review approval by Mayor and Council issuance of any land development permits.
Solely if, and to the extent, required by the City’s Unified Development Code and ordinances, all residential plans, exterior materials, building colors, models and elevations shall be complementary to the existing development and subject to design review approval by the Mayor and Council prior to issuance of any land development permits.”
22. All nonresidential development shall be confined to the area delineated as Trach 2 on the site plan and shall be oriented perpendicular to the existing office development in the manner as shown on the originally approved site plan dated 6-15-2000. Access to this nonresidential site shall be from Silver Springs Boulevard only, and an inter-parcel access agreement required by Article 6 of the Unified Development Code shall be executed and recorded prior to the issuance of any the land development permit for the Property, or any portion thereof. All nonresidential structures shall be consistent with and complementary to the existing adjoining nonresidential structures in design, material and color. A landscape plan shall be developed for the Property that shall include a buffer and screening on the eastern boundary adjacent to the residential unit at Silver Springs Village, and a Landscape strip fronting Flowering Branch Dr. There shall be no vehicular access to the nonresidential site, or any portion thereof, from Flowering Branch Drive. The nonresidential portion shall only include office uses, and the following uses: specialty boutique stores, specialty food store, snack shop (such as coffee shop) and drop-off dry cleaner (no coin operated laundry).
23. The applicant or owner is responsible to pay for any and all design, engineering and construction of any connection to the Silver Comet Trail. The City will cooperate with applicant or owner in seeking approval from Cobb County for any such connection. The applicant or owner shall pay for ay fees that the County or others may assess for approving any connections to the Silver Comet Trail.
24. The detention for the Property shall be titled in the name of, and conveyed, to the HOA by separate deed recorded simultaneously with the final plat. Said ponds shall be heavily landscaped, screening the pond from public view. A comprehensive stormwater management plan shall be filed with the city as required by the Unified Development Code and shall specifically set forth a maintenance schedule that shall be implemented in perpetuity by the HOA.
SITE PLAN SHOWED GATE, REQUIREMENT FOR GATE REMOVED BY PZ15-015
25. The development of the Property strictly conform to the site plan dated 8-15-2013 and attached hereto, except as modified by these stipulations.
26. The final plat for the Property shall delineate all potable water and sanitary sewer easements that shall be granted to the City for maintenance of said water and sewer infrastructure. The plat shall delineate all common, parking, amenity, retention or detention and entrance areas and sidewalks that shall be responsibility of the HOA and not the City. The plat shall delineate those areas that are property of the adjoining Silver Springs Village development, including the Village Green.
27. The applicant and owner and HOA shall at all times provide the City sanitation department the gate access code for entry to the rear of the homes for sanitation services. The access drive shall have sufficient turning radii to access the parking area to the rear of the lots, and the drives and lot shall meet all the construction and material specifications and processes that will support the weights of the sanitation trucks, subject to approval by the public works director. There shall be sufficient radius at a lot 7 to allow forward and backward movement behind lot 1-7, subject to approval by the public works director. The maintenance of the private access drive shall be reasonability of the HOA in perpetuity and the HOA shall not hold the City liable for any maintenance issues related to the process of garbage collection and the ingress, egress and all movement of the sanitation vehicles, whether those vehicles are operated by the city or by the city’s sanitation service provider.
28. Before any permit other than for the model home is issued, the amenity area of the fire pit, gazebo, swing and fountain (consistent with attached photos) shall be completed.
29. Prior to the review and approval of the land disturbance permit, the site plan dated 8/15/2013 shall revised as follows: (1) correct the setback dimensions of front 5’, rear 25’ And side 0 with a 10-foot separation between units; (2) identify the location and dimensions of the required 20% open space that does not include the detention pond or yards of individuals lots; (3) extend the sidewalk on Silver Springs Boulevard to Richard D. Sailors Parkway; (4) identify the location of the fencing required in paragraph 31 of these stipulations; (5) show the sidewalk located on private property instead of public right of way.
30. No open swale or drainage ditch shall exist on the Property; all required drainage shall be conveyed in a storm drain pipe.
REMOVED BY ACTION PZ 16-004 on February 1, 2016
31. Applicant shall install on the eastern boundary of Tract 2 and on the eastern boundary pf Lots 19 and 20 of Tract 1 a picket, wrought iron or similar decorative style fence not taller than 4 feet in height beginning three feet behind the proposed sidewalk and extending north approximately 325 feet on Tract 1 and south approximately 185 feet on Tract 2. The fence shall be subject to design review by staff and shall include a column or similar design feature on Flowering Branch that will serve to mark the entrance to the Courtyards of Silver Springs. Landscaping shall be installed along the fence in the front yards of Lot 19 of Tract 1 and in the front yard of Tract 2.
SUBJECT OF THIS APPLICATION
32. Notwithstanding anything to the contrary contained in any conditions of zoning for the Subject Property, the City shall have no duty, obligation, or responsibility for enforcement or interpretation of any restrictive covenants, or provisions of restrictive covenants, now or hereafter applicable to the Subject Property.
RECOMMENDED ACTION
This is a City initiated rezoning request and recommends the following:
“The following three conditions of zoning for the property known as Silver Springs II and described at Plat Book 277 Page 186, Cobb County , Ga. Records ( “Subject Property), amend all previous conditions of zoning for said property, in particular those certain zoning conditions recorded at Plat Book 277, Page 190, Cobb County, Ga. Records as follows:.
1. Zoning condition # 10, reading: “ All property owners shall become and remain members of the HOA, and shall abide by all covenants applicable to the Property” is hereby deleted.
2. Zoning condition # 21, reading: “ All residential plans, exterior materials, and building colors are subject to design review approval and shall be consistent with and complementary to existing residential development of the adjoining Silver Springs Village development. The models and elevations shall be complementary to the existing development and subject to design review approval by the Mayor and Council prior to issuance of any land development permits” , is hereby amended to read as follows:
“ Solely if, and to the extent, required by the City’s Unified Development Code and ordinances, all residential plans, exterior materials, building colors, models and elevations shall be complementary to the existing development and subject to design review approval by the Mayor and Council prior to issuance of any land development permits.”
3. Notwithstanding anything to the contrary contained in any conditions of zoning for the Subject Property, the City shall have no duty, obligation, or responsibility for enforcement or interpretation of any restrictive covenants, or provisions of restrictive covenants, now or hereafter applicable to the Subject Property. “